How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you need to show that the breach of duty resulted in negative financial, legal or other consequences for you. You must establish an immediate connection between the attorney's negligence and the negative results.

Legal malpractice is not a issues of strategy. If you lose a lawsuit because your lawyer failed to file the lawsuit in time it could be a case of the result of malpractice.

Fraud in the use of funds

One of the most common kinds of legal malpractice is the misuse of funds by lawyers. Attorneys are bound by a fiduciary obligation to their clients and must act with integrity and fidelity when handling funds or other assets that the client has entrusted them with.

When a client is required to pay a retainer to their attorney, the lawyer is required to deposit the money into an separate escrow account specifically for the purpose of that case only. If the lawyer co-mingles the account with personal funds or makes use of it for any other purpose it is a clear violation of fiduciary duty and could be considered legal misconduct.

For example, imagine that a customer hires their attorney to represent them in an action against a motorist who hit them while they were walking across the street. The client has evidence that the driver was negligent and is able to prove that the accident caused their injuries. But, their lawyer violates the statute of limitations and is in a position to file the lawsuit in time. The lawsuit is dismissed, and the person who was injured is liable for financial loss as a result of the lawyer's error.

A statute of limitations limits the time that you can claim a lawyer's negligence. It can be a challenge to determine if an injury or loss was due to the negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and assist you determine if your case is suitable for a legal malpractice suit.

Failure to adhere to the rules of professional conduct

Legal malpractice is the case when a lawyer doesn't follow generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relation the breach of a duty and the proximate cause.

Some examples of malpractice are a lawyer mixing their personal and trust funds, not submitting claims in time to file suit within the time limits, taking cases in which they aren't competent, failing to conduct an examination of conflicts and not being up to current on court proceedings, or any new legal developments that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This is not limited to email and vimeo faxing and also includes answering phone calls in a timely manner.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the case. It is essential to understand the facts so you can determine if the attorney is deceitful. It's also a violation of the attorney-client contract when an attorney decides to take on an issue that is outside of their expertise and does not inform the client of this or advise them to seek separate counsel.

Failure to Advise

When a client hires an attorney, it is a sign that they have reached the stage where their legal problem is beyond their ability and experience and they are unable to resolve it on their own. It is the lawyer's duty to advise clients on the merits of a particular case along with the costs and risks associated with it, and their rights. An attorney who fails to do this could be found guilty.

Many legal yukon malpractice law firm cases stem from a lack of communication between lawyers and their clients. For instance an attorney may not answer phone calls or fail to inform their clients of the decision made on their behalf. Attorneys may not also communicate vital details regarding a case, or fail to inform clients of problems with a transaction.

It is possible to claim a lawyer's ottawa hills malpractice lawsuit, but a client must prove that they suffered financial losses as a result of the negligence of their lawyer. The losses should be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a customer, as well as bills. In the event of theft or fraud it could also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and understand the laws that apply to specific circumstances. They could be found guilty of misconduct if they don't. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Other instances of legal malpractice include failure to file a lawsuit within the statute of limitations and missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means they must inform clients of any personal or financial concerns that could impact their judgment in representing them.

In addition, attorneys are required to follow instructions from their clients. Attorneys must abide by the instructions of clients unless it is obvious that the actions would not be beneficial.

In order to prevail in a malpractice case the plaintiff must show that the lawyer acted in violation of his duty of care. This isn't easy, since it requires proving the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's error caused a bad result. A malpractice claim must also show that there was a substantial likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.